HomeMy WebLinkAboutA05_DiMaggio LUPA Petition
LAND USE PETITION - 1
Telegin Law PLLC
175 Parfitt Way SW, Ste. N270
Bainridge Island, WA 98110
Tel. (206) 453-2884
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR KITSAP COUNTY
JOHN DIMAGGIO and MICHELLE
OLIVER,
Petitioners,
v.
JEFFERSON COUNTY; RICHARD
RATHVON,
Respondents.
No.
LAND USE PETITION
1. Parties
1.1 The names and mailing address of Petitioners are:
John DiMaggio and Michelle Oliver
161 Twana Way
Quilcene, WA 98376
1.2 The name and mailing addresses of the petitioners’ attorney are:
Bryan Telegin, WSBA No. 46686
Telegin Law PLLC
175 Parfitt Way SW, Ste. N270
Bainbridge Island, WA 98110
1.3 The name and mailing address of the local jurisdiction whose land use decision is at
issue is:
LAND USE PETITION - 2
Telegin Law PLLC
175 Parfitt Way SW, Ste. N270
Bainridge Island, WA 98110
Tel. (206) 453-2884
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Jefferson County
c/o Jefferson County Auditor
1820 Jefferson St.
Port Townsend, WA 98368
1.4 Pursuant to RCW 36.70C.040(2)(b)-(d), Petitioner adds the following party as a
respondent:
Richard Rathvon
20 Liberty Knoll
Colts Neck, NJ 07722-1361
2. Identification of the decision-making body or officer and decision.
2.1 This Land Use Petition challenges Jefferson County’s issuance of building permit
number RBLD2024-00109 on March 6, 2025. A copy of the challenged building permit is attached
hereto as Attachment A.
3. Facts Demonstrating That the Petitioners Have Standing to Seek Judicial
Review
3.1 The challenged building permit would allow construction of a large, nearly 4,000
square foot single-family residence within the shoreline environment of Dabob Bay in Quilcene,
Washington. The proposed structure is within 200 feet of the shoreline, triggering the requirement for
a shoreline conditional use permit under Washington’s Shoreline Management Act (“SMA,” Chapter
90.58 RCW) and Jefferson County’s Shoreline Master Program (“SMP,” Chapter 18.25 of the
Jefferson County Code). Construction of the proposed residence threatens to degrade a primitive road
known as Twana Way, which also provides access to the home of Petitioners John DiMaggio and
Michelle Oliver. Twana Way is located within a geologic hazard area and any damage to the road is
likely to result in increased runoff of turbid, sediment-laden water to Dabob Bay and the shoreline
environment, further harming Petitioners’ aesthetic, recreational, and environmental interests in
enjoying the bay and shoreline.
LAND USE PETITION - 3
Telegin Law PLLC
175 Parfitt Way SW, Ste. N270
Bainridge Island, WA 98110
Tel. (206) 453-2884
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3.2 The challenged permit has prejudiced and is likely to prejudice Petitioners through
degradation of Twana Way, increased and damaging vehicular traffic on Twana Way, and harm to the
shoreline and shoreline environment through increased stormwater runoff of turbid and sediment-
laden water.
3.3 Petitioners’ interests in protecting Twana Way, Dabob Bay, and the shoreline
environment are among the interests that Jefferson County was required to consider when it issued
the challenged building permit. Under the SMA and SMP, no building permit may be issued for
work in the shoreline without compliance with all applicable provisions, policies, and goals of the
SMA and Jefferson County’s SMP. In turn, the SMA and SMP specifically require that shoreline
development not be materially detrimental to other nearby properties, and that it not harm the
shoreline environment. The SMP requires a shoreline conditional use permit for single-family
residences in the “natural” shoreline environmental designation. The County’s Critical Areas Code
requires protection of the geologic hazard area in which Twana Way is located.
3.4 A decision in favor of Petitioners on the issues raised in this appeal would
substantially eliminate or redress their injuries because such a decision would require proper
analysis, disclosure, and mitigation of the adverse impacts that the proposal will have on them and
the surrounding environment, including the physical integrity of Twana Way.
4. A Separate and Concise Statement of Each Error Alleged to Have Been
Committed and the Facts Upon Which the Petitioner Relies to Sustain the
Statements of Error.
4.1 The challenged building permit was issued illegally without an accompanying
shoreline conditional use permit. Under the County’s SMP, single-family residences may not be
constructed in the “natural” shoreline environmental designation without a shoreline conditional use
permit. The County issued the challenged building permit which purports to authorize the applicant to
LAND USE PETITION - 4
Telegin Law PLLC
175 Parfitt Way SW, Ste. N270
Bainridge Island, WA 98110
Tel. (206) 453-2884
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construct a single-family residence in the natural shoreline designation. However, no shoreline
conditional use permit has been issued. Thus, the challenged building permit represents the product of
an unlawful procedure under RCW 36.70C.130(1)(a), an erroneous interpretation of the law under
RCW 36.70C.130(1)(b), a clearly erroneous application of the law to the facts under RCW
36.70C.130(1)(d), and is outside the authority of Jefferson County under RCW 36.70C.130(1)(e).
4.2 On information and belief, soon after Jefferson County issued the challenged building
permit on May 6, 2025, the County realized that the permit should not have been issued without a
shoreline conditional use permit. On that basis, the County withdrew or voided the permit on March
13, 2025. Out of an abundance of caution, Petitioners are filing this appeal because it is unknown
whether the applicant (Richard Rathvon) will attempt to challenge the County’s decision to withdraw
or void the permit. If the applicant does not challenge the County’s decision, then it is likely that this
appeal, too, will be voluntarily dismissed.
4.3 Should the County or applicant dispute that the permit was withdrawn or voided, then
Petitioners’ put forward the following additional claims.
4.4 The challenged building permit does not comply with the County’s requirements at
JCC 18.22.230(4)(c) and (5) for maintenance or reconstruction of existing public or private roads in
geologic hazard areas. Among other things, the applicant failed to provide the information required
by JCC 18.22.230(5)(a)(i) to (ii). The applicant failed to demonstrate compliance with JCC
18.22.230(5)(b) through (f), including that “[b]est management practices must be implemented to
minimize impacts to critical areas and critical area buffers during the activity” and “[b]est management
practices must be implemented to minimize impacts to critical areas and critical area buffers during
the activity.” The challenged building permit fails to include conditions needed to ensure compliance
with these code provisions.
LAND USE PETITION - 5
Telegin Law PLLC
175 Parfitt Way SW, Ste. N270
Bainridge Island, WA 98110
Tel. (206) 453-2884
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4.5 The challenged building permit does not comply with the County’s criteria for a
shoreline conditional use permit at JCC 18.25.590. Nor has the applicant answered all relevant
questions on Jefferson County’s shoreline conditional use permit application form.
4.6 The challenged building permit does not comply with the goals and policies of the
SMA or SMP, including that the proposed use not be materially detrimental to nearby properties, that
the proposed use will be compatible with other permitted uses within the area, that the proposed use
will not cause adverse effects to the shoreline environment in which it is to be located, and that the
public interest will suffer no substantial detrimental effect. As discussed above, construction-related
traffic on Twana Way is likely to cause erosion and result in sediment-laden runoff into Dabob Bay
and the shoreline environment, in violation of the SMA and SMP.
4.7 In each of these ways, the building permit represents an erroneous application of the
law to the facts and is not supported by substantial evidence.
VI. REQUEST FOR RELIEF
Petitioners respectfully request that the Court issue an order or orders which:
A. Sets aside and reverses the challenged building permit; and
B. Provides such other relief as is just and equitable under the circumstances.
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LAND USE PETITION - 6
Telegin Law PLLC
175 Parfitt Way SW, Ste. N270
Bainridge Island, WA 98110
Tel. (206) 453-2884
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Dated this 25th day of March, 2025.
Respectfully submitted,
TELEGIN LAW PLLC
By:
Bryan Telegin, WSBA No. 46686
175 Parfitt Ave SW, Suite N270
Bainbridge Island, WA 98110
Tel: 1.206.453.2884, ext. 101
E-mail: bryan@teleginlaw.com
Counsel for Petitioners John DiMaggio and
Michelle Oliver
ATT ACHMENT A
BUILDING PERMIT
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street | Port Townsend, WA 98368
360-379-4450 | email: dcd@co.jefferson.wa.us
www.co.jefferson.wa.us/commdevelopment
Expiration Date
Issue Date
Received Date:
SITE ADDRESS:
PERMIT #:
OWNER:
PARCEL NUMBER:
LEGAL DESCRIPTION:
RBLD2024-00109
660 TWANA WAY
6/27/2024
3/6/2025
3/6/2026
701164005
S16 T27 R1W TAX 2
RICHARD RATHVON
20 LIBERTY KNOLL
COLTS NECK, NJ 07722-1361
Home:--
Mobile:
Business:
--
914-610-5097
QUILCENE WA 98376
CONTRACTOR:Contractor License #:LDRICC*066LORICHERTS
LD RICHERTS
P.O. BOX 127
PORT TOWNSEND, WA 98368
PROJECT DESCRIPTION:Construction of a new SFR on 5+ acres
TYPE OF WORK
DECK:
# OF STORIES:
GARAGE:
UNHEATED:
HEAT BASE:CODE EDITION:ADD'L:VALUATION
TYPE OF IMP MAIN:INDUSTRIAL:
COMMERCIAL:SQUARE FOOTAGE:
OTHER:
SHORELINE:
Residence
New
1494
853
2297
2
WATER SYS:
SEWAGE DISP:
Exist: Exist:
BATHROOMS:BEDROOMS:
Prop:
Total:Total:
Prop:
NUMBER OF EMPLOYEES:
1 Private Well
0.0 0
3.0 3
AMOUNT_PAIDFEE_TYPE
$165.27 EH Potable Water Review (WATR)
$165.27 EH/SEPTIC REVIEW - RESIDENTIAL
$6.50 State Surcharge - RES
$519.59 Technology Fee
$3,950.05 BLDG: Plan Check Fee
$27.75 Scanning Fee (SCAN)
$6,077.00 Building base- MANUAL
$10,911.43 TOTAL PAID FEES
Natural
$950,000.00
OCCUPANCY:
CONST TYPE:
HEAT TYPE:
3.0 3
R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within
180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after
the time the work is commenced.
HEALTH DEPARTMENT AND PUBLIC WORKS APPROVAL REQUIRED PRIOR TO FINAL INSPECTION
THIS PERMIT IS VALID FOR ONE YEAR OR IT MUST BE PROPERLY RENEWED
BUILDING INSPECTION HOT-LINE 379-4455.
Request must be received by 3pm the day before the inspection is needed.
Final Inspections require 24 hour notice.
Office Hours 9:00 am - 4:30 pm MONDAY - THURSDAY
HOT LINE AVAILABLE 24 HOURS A DAY
SPECIAL CONDITIONS APPLY - SEE ATTACHED
Jefferson County Building Division
BUILDING PERMIT INSPECTION APPROVALS
Permit Number:
Applicant:
Applicable Code: Int'l Building Codes
To schedule inspections, call (360)379-4455 no later than 3:00PM the day before the inspection is needed.
Requests received after 3:00 PM will not be scheduled for the next day's inspections.
ELECTRICAL PERMITS are issued by the Washington State Department of Labor & Industries.
The electrical permit must be signed off by the State Inspector prior to the County's Framing Inspection
RBLD2024-00109
RATHVON
NotesApproval SignaturDateInspection Item
WRIA 17 Water Meter Inspection
FINAL INSPECTION MUST BE APPROVED PRIOR TO BUILDING BEING OCCUPIED
THIS PERMIT IS VALID FOR ONE YEAR
FINAL INSPECTION
A final inspection will not be scheduled until the following are completed and signed off by the applicable Department:
·Building Permit Conditions are met
·Land Use Conditions met and signed off
·Septic Permit Final/Complete for any building containing plumbing
·Public Works Permit Final (where applicable)
Conditions for Building Permit Number: RBLD2024-00109
1.)This approval is for a residential building permit only. Any future permits on this site are subject to review for
consistency with applicable codes and ordinances and does not preclude review and conditions which may
be placed on future permits.
2.)SEPTIC SYSTEM COMPONENT SETBACKS TO STORMWATER MANAGEMENT FACILITIES –
Stormwater drains or infiltration components including any interceptor drains, curtain drains, foundation
drains, or any other subsurface dispersal or infiltration systems that are:
•Downgradient of the septic system primary or reserve drainfield, MUST maintain a minimum 30 foot
setback from the drainfield area.
•Upgradient or at the same elevation of the septic system primary or reserve drainfield, MUST maintain a
minimum 10 foot setback from the drainfield area.
Minimum 5 foot setback from any septic tanks to any stormwater infiltration component.
Splash blocks must be directed and flow away from ALL septic components.
The project shall adhere to the Best Management Practices (BMPs) for the control of stormwater, erosion
and sediment during construction. BMPs shall address permanent measures to stabilize soil exposed during
construction, and in the design and operation of stormwater and drainage control systems.
3.)The applicant has proposed and been approved to utilize downspout dispersion system to manage
stormwater from roof areas. The splash blocks require a 50-foot vegetative flow path. The splash blocks will
be designed per the requirements of the Stormwater Management Manual for Western Washington BMP
T5.10B.
4.)Prior to final occupancy shoreline conditional administration permit must be finalized.
5.)The applicant is proposing to create or add 9300 square feet of impervious surface and 10000 square feet of
land disturbing activities. JCC 18.30.060 and 18.30.070 require the project applicant submit a stormwater
plan meeting Minimum Requirements #1 through #9 of the Department of Ecology Stormwater Management
Manual for Western Washington. The stormwater plan shall address measures to control stormwater,
erosion and sediment during construction and shall address permanent measures to stabilize soil exposed
during construction, and in the design and operation of stormwater and drainage control systems.
6.)The site plan as submitted with the building permit application on July 8, 2024 has been reviewed for
consistency under the UDC, and has been approved by Jefferson County Department of Community
Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated August
29, 2024 shall be resubmitted for review and approval by Jefferson County Department of Community
Development.
7.)All conditions listed in Shoreline Substantial Development Permit SDP2023-00020 apply to this permit.
8.)Compliance with the SDR conditions and standards is required. All critical areas and setbacks identified on
this parcel are described in SDR2022-00143.
9.)The project shall adhere to the Best Management Practices (BMPs) to control stormwater, erosion and
sediment during construction. BMPs shall address permanent measures to stabilize soil exposed during
construction, and in the design and operation of stormwater and drainage control systems.
10.)The project is located within Quilcene-Snow Water Resource Inventory Area (WRIA 17) and thus is subject
to compliance with the WA State Department of Ecology In Stream Flow Rule for that region. The parcel is
located within the TOANDOS sub-basin in a designated Coastal Management Area; as such, state
regulations require the following:
1. INSTALLATION OF A WATER METER, MEETING DEPARTMENT OF ECOLOGY SPECIFICATIONS, IS
REQUIRED FOR ALL NEW USES THROUGHOUT THE WATERSHED. (WAC 173-517-180).
BROCHURES WITH SPECIFICATIONS ARE ENCLOSED WITH THE PERMIT OR FOUND AT THE
FOLLOWING LINK: https://apps.ecology.wa.gov/publications/documents/1011011.pdf
Refer to enclosed documents for more information; see Ecology web site at
https://apps.ecology.wa.gov/publications/documents/0911034.pdf or contact Ecology at 360-407-6300.
11.)A Geotechnical Report by Stratum Group dated February 15, 2022 was submitted in conjunction with this
application on June 27, 2024. The report addressed the stability of the geologic hazard area. A vegetative
buffer of 30 feet shall be permanently maintained from the top or edge of the Landslide Hazard Area (if
required). All buffers shall be measured perpendicularly from the top of the Landslide Hazard Area.
12.)The applicant has proposed and been approved to utilize full dispersion, requiring 100 feet natural vegetative
flow path, which is required to be permanently preserved.
13.)10 minimum separation required between the water line and any onsite sewage system components
including sewage transport lines.
14.)Approval of this permit does not provide any assurance of future approvals for onsite sewage disposal on the
property or use of any existing septic systems. Actions taken to date and proposed as part of this project may
limit or prevent future development of an onsite sewage system. Future proposals must meet current code
at the time of application.
c:\reportscopy\jeffersoncountywaprod\PM_BLD_Permit.rpt 3/6/2025